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June 2015 Archives

Lawyers in Douglas County Colorado, Theft Charges

Theft cases under Colorado law (C.R.S. 18-4-401) vary in their degree of difficulty and punishment and require a skilled criminal defense attorney to help navigate the legal system in Denver, Douglas, and Arapahoe County. Theft charges can be filed against you for a variety of reasons. Maybe someone stole a laptop from work and your boss is blaming you. Perhaps you decided to take some clothing from a local department store and the alarm went off as you exited the building. What if you didn't do anything but your friend decided to take some money from another person and you just happened to be there? Any of these situations are enough for the police to try and issue you a summons or arrest you for Theft in Colorado.

Sex Offender Deregistration Lawyer in Denver

Jefferson and Douglas County courts allow people required to register on the sex offender registry to complete Sex Offender Deregistration after a specified time. The time period calculation is based on the class level of the underlying conviction. Unfortunately, the time requirement for registration begins once the entirety of the case is completed - such as when probation ends or a deferred judgment and sentence is completed. The date you are sentenced is not important. The registration requirement varies from 5 - 20 years; the higher the level of crime, the longer the necessary time for registration. For instance, most misdemeanors only require 5 years of registration while some felony convictions have a 20 year sex offender registration until a person can apply for Sex Offender Deregistration.

Criminal Mischief Attorneys in Denver

The crime of Criminal Mischief in Arapahoe, Douglas, and Denver County is basically defined as the destruction of someone else's property. Even if the property is owned by you, but you are married or living with another person, the police can still charge you with a crime. The severity of the crime is based upon the amount of monetary damages to replace, or repair, the item. There are many cases of Criminal Mischief which are overcharged because the dollar value of the item is inflated.

Third Degree Assault Charges in Denver? You Need an Attorney

Have you ever grabbed someone by the arm? Have you ever pushed someone away from you? Or have you ever been so upset with another person that you have punched them? If you answered yes to any of these situations, you could be facing charges of Third Degree Assault. In Denver and Douglas County, criminal defense attorneys fight charges like these every day. The consequences of a conviction for this crime can have life-altering effects.

Traffic Law: Leaving the Scene of An Accident in Denver

The crime of Leaving the Scene of an Accident, or Hit and Run, can be charged with the risk of a heavy prison sentence, if a person is involved in a collision or automobile accident leaves the scene, and a person in either vehicle suffers serious bodily injury or dies. Under C.R.S. 42-4-1601, the Colorado lawmakers have set forth a strict scheme in Douglas County and across Colorado designed to greatly increase prior penalties which were thought to be too weak for the traffic crime of Leaving the Scene. While ignorance of the law is no excuse, we doubt that these more severe penalties will reduce the number of Hit and Run Collisions in Colorado.

Three Types of Police Officers in Denver

To fully understand the point I want to make, imagine yourself as one of many Denver area police officers. You have been hired at the Denver Police Department to enforce laws, hence the term "law enforcement officer." If you catch a bad guy before he talks to a criminal defense lawyer, you get a high five from other officers for enforcing the law. If you let a bad guy go, you get some heckling. If enough bad guys get away, you get fired. No one in your department rewards you for doing a "complete" investigation and finding the truth. Particularly in nonphysical evidence cases (like pushing [ Harassment ], hitting [ Assault ], or sexual touch [ Sexual Assault ]), you are taught only to support your "victim". The victim is the person who accuses another of a crime - they call the police first. Without victims, the police would all lose their jobs. Police love victims. The more the better.  Read more on Why Police Are Not Neutral.

Disorderly Conduct or Menacing With a Gun in Traffic - Pueblo County?

TrafficB.jpgA recent Colorado Supreme Court opinion was of interest to the criminal defense lawyers at the O'Malley Law Office. The high court was asked to examine a lower court trial in Pueblo where a man was convicted of two counts of Menacing after the trial court refused to give a jury instruction for Disorderly Conduct with a Gun. The case was called People v. Naranjo, and on May 7, 2015, the Colorado Supreme Court reversed the trial court on the convictions. The facts as detailed by the witnesses were that the defendant displayed a firearm in highway traffic following an encounter with a man and his daughter. After being convicted of two counts of Felony Menacing, the man is now entitled to a new trial - with a lesser non-included jury instruction.

Internet Luring of a Child Can be Unconstitutional

Internet Luring of a Child, located at C.R.S. 18-3-306, is a harsh sexual crime which raises the first amendment as a possible defense involving constitutional free speech. Why? Because this crime's terms outlaw discussions with kids NOT intended to result in sexual contact or exploitation. As a result, free speech is criminalized. Let's dig deeper into this problem and see how an experienced criminal defense attorney can use the constitution to free you from these unwarranted charges in Denver and Jefferson County, Colorado. Read How Anyone Can be Charged with Internet Luring.

Crazy Results from Internet Sexual Exploitation of a Child, 18-3-405.4

Like so many sexual crimes in Denver and Jefferson County, within the definition of key terms you can see the problem with Colorado's Internet Sexual Exploitation of a Child law.

Criminal Case: Colorado's Orgainized Crime Control Act

COCCA = Colorado Orgainized Crime Control Act

Colorado has an organized crime control act, located at C.R.S. 18-17-102. That sounds good, right? We want to keep gangs from ruling our state. Like all good laws in Denver and Arapahoe Count, however, the facts of some criminal cases and crimes which were not intended to fall under the terms of this law sometimes do, and the results are ridiculous. While I am the first to admit we have some great deputy district attorneys who make charging decisions to keep this from happening, some don't.

Prohibited Use of Weapons - Broadly Set to Curtail Constitutional Guarantees

From Yuma County west to Denver County, and from Denver County west to Mesa County, our legislature has passed a broadly written law called Prohibited Use of Weapons, C.R.S. 18-12-106. It appears that behind the scenes, efforts are being made under this law to limit the freedoms citizens enjoy to possess firearms. Read more about the problems with Prohibited Use of Weapons.

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Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

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